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(영문) 창원지방법원 마산지원 2016.01.27 2015고단880

성매매알선등행위의처벌에관한법률위반(성매매)등

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 21, 2015, the Defendant was sentenced to a suspended sentence of two years in October and April 29, 2015 by the Changwon District Court for a violation of the Act on the Punishment of Acts, such as the Mediation, etc. of Commercial Sex Acts (sexual traffic).

1. The Defendant, in violation of the Act on the Punishment of Acts, such as the Arrangement of Commercial Sex Acts, Etc. (sexual traffic), was aware of D through the “C” app, and decided to set the so-called “other conditions only.”

A. On January 2015, the Defendant: (a) committed sexual intercourse with D at the heading room where it is impossible to identify the number of Felel units in Kimhae-si, Kimhae-si; and (b) committed sexual intercourse with D, and (c) remitted KRW 150,000 to the account in the name of D, thereby engaging in sexual intercourse.

B. The Defendant, as mentioned above at the time and place set forth in paragraph 1(a), proposed that he act of sexual intercourse to the next D after doing so, and offered that he/she would do sexual intercourse to the next D, he/she engaged in sexual intercourse by promising the child used by the Defendant to buy clothes equivalent to 70,000 won at the same time.

2. The Defendant, in violation of the Act on the Punishment, etc. of Sexual Crimes (use and photographing of cameras, etc.), taken the surface of sexual relation with the victim against his will against the victim D at the time and place stated in paragraph 1(a).

The defendant taken the body of the victim who could cause sexual humiliation as above against his will.

Summary of Evidence

1. Statement by the defendant in court;

1. Partial statements made with regard to D prepared by the police;

1. A record of investigation reports (Attachment of a record) and a record attached thereto;

1. Account transfer details;

1. A previous conviction in judgment: A reply to inquiry, such as criminal history, a criminal investigation report, and application of statutes attached to the judgment;

1. Article 21(1) of the Act on the Punishment, etc. of Acts of Arranging Sexual Traffic concerning criminal facts, Article 21 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (the occupation of sexual trafficking), Article 14(1) (the occupation of photographing a camera, etc.) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the

1. The latter part of Article 37 of the Criminal Code to treat concurrent crimes, provided that the latter part of Article 39(1) is 1.1.